Shillong, Jan 27: In a major relief for Meghalaya government relating to compensation for custodial deaths, the Supreme Court has stayed a Meghalaya High Court verdict that ordered the State government to pay compensation of up to ₹10-15 lakhs for custodial deaths.
The stay order, issued on January 22, 2024, specifies that the High Court’s judgement remains stayed, but with the condition that the compensation determined by the National Human Rights Commission (NHRC) must be paid by the State government.
The order on Meghalaya government’s appeal was passed by a Supreme Court bench composed of Justices BR Gavai, Sanjay Karol, and Sandeep Mehta, directing a response to be filed within four weeks.
In August 2023, in a suo motu case, the Meghalaya HC had expressed concerns about the deaths of under-trial prisoners due to excessive, third degree methods used by investigating authorities. It had concluded that custodial deaths would cease only when the compensation reached a level where the State would face significant financial consequences.
Rejecting the “Haryana Model” of compensation endorsed by the NHRC, the High Court emphasised the need for compensation that serves as both adequate support for victims’ families and a deterrent for the State and its officials.
The court outlined specific compensation amounts, ranging from ₹10-15 lakhs based on the age of the victims. For victims aged above 45 years, the fixed compensation was Rs. 10 lakhs, while those in the age group of 30 to 45 years were entitled to Rs. 12 lakhs. In cases where victims of custodial deaths were below 30 years, the specified compensation was Rs. 15 lakhs.
This particular decision prompted an immediate appeal from the Meghalaya government to the Supreme Court.
In a case of custodial death, the National Human Rights Commission of India (NHRC) has put forth a demand for compensation amounting to Rs. 3 lakhs.
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